Dharampal Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dharampal Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted: release on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VII, Jehanabad; bail bond to be filed after commitment of the case; Trial Court directed to complete commitment proceedings within 15 days.

Issue for consideration

Whether the petitioner, in custody in connection with Parasbigha P.S. Case No. 151 of 2023, should be released on regular bail.

Court's answer

Perusal of the FIR, case diary and impugned order showed the only allegation against the petitioner was an assault on the head of the informant (Awadesh Kumar), with no injury found on the informant's body; investigation had concluded and the chargesheet had been submitted.

Ratio / Principle

Considering the facts, circumstances and submissions made on behalf of the petitioner, the petitioner was ordered released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VII, Jehanabad, in connection with Parasbigha P.S. Case No. 151 of 2023.

Key takeaways

Bail made conditional: the petitioner's bail bond is to be filed after commitment of the case, and the Trial Court was directed to complete the proceedings of commitment of the case within 15 days from receipt of the copy of this order.ratio¶21

Detailed headnote1 paragraphs

Bail granted. Petitioner Dharampal Mahto, in judicial custody since 24.09.2024 in Parasbigha P.S. Case No. 151 of 2023 (District Jehanabad) registered under Sections 341, 323, 302, 307, 120(B), 504, 506 read with Section 34 I.P.C., prayed for regular bail. Perusing the FIR, case diary and impugned order, the Court observed that the sole allegation against him was an assault on the head of the informant (Awadesh Kumar), with no injury found on the informant's body, and that investigation had concluded with the chargesheet submitted. Despite opposition by learned APP for the State, the Court directed release on bail on a bond of Rs. 10,000/- with two like sureties before the learned Additional Sessions Judge-VII, Jehanabad, conditional on the bail bond being filed after commitment of the case and the Trial Court completing commitment proceedings within 15 days of receipt of the order.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11121 of 2025

Arising Out of PS. Case No.-151 Year-2023 Thana- PARASBIGHA District- Jehanabad

======================================================

Dharampal Mahto Son of Surendra Prasad Resident of Village- Amain, P.S.Parasbigha, Distt- Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

3 04-04-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in connection with Parasbigha P.S Case No. 151 of 2023 registered for the offences punishable under Sections 341, 323, 302, 307, 120(B), 504, 506 read with Section 34 of the I.P.C.

As per prosecution case, all the accused persons including the petitioner abused and assaulted the informant and his family members with iron rod and deadly weapon.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 24.09.2024.

However, learned APP for the State oppose the prayer for regular bail of the petitioner.

Patna High Court CR. MISC. No.11121 of 2025(3) dt.04-04-2025 2/2

On perusal of the FIR, case diary and impugned order it appears that, there is only allegation against the petitioner to assault on the head of the informant but no injury found on the body of the informant, namely, Awadesh Kumar in the case dairy. Further learned counsel submitted that Investigation is already concluded and accordingly chargesheet submitted. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VII, Jehanabad in connection with Parasbigha P.S Case No. 151 of 2023 with following conditions:-

(I) The bail bond of the petitioner shall be filed after commitment of the case.

(ii) Trial Court is directed to complete the proceeding of commitment of the case within 15 days from the copy of the receipt of this order.

(Ramesh Chand Malviya, J)

Mayank/-

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